When an appeal has been filed against a ruling dismissing an application for adjudication, the original court shall deal with it.

No appeal may be filed against a decision on dismissal of an application for adjudication under Article 262 (2) of the Criminal Procedure Act, but a reappeal may be filed with the Supreme Court only on the ground that there is a violation of the Constitution, Act, order or rule which affected the trial by Article 415 of the same Act. Thus, if a complaint is filed against a decision on dismissal of an application for adjudication, the court below shall regard the application as reappeal and send records to the Supreme Court, and the court below

Re-appellant

Seoul High Court Order 73 seconds80 Dated September 14, 1973

The original decision shall be revoked.

The reappeal is dismissed.

The judgment on the grounds of reappeal

According to Article 262 (2) of the Criminal Procedure Act, no appeal may be filed against a decision to dismiss an application for adjudication. However, a reappeal may be filed with the Supreme Court only on the ground that there is a violation of the Constitution, Act, order or rule that affected the trial by Article 415 of the same Act.

According to the records, since the re-appellant filed an appeal against the dismissal ruling by the court of original judgment, the court of original judgment should regard it as re-appeal and send records to the Supreme Court. However, the court of original judgment's own decision on it should be returned to the court of original judgment. Thus, it is decided to revoke the original decision, and the reappeal of this case is treated as reappeal against the court of original judgment's decision.

When examining the records of the case, it cannot be found that there is a ground for violation of the Constitution, Act, order or rule against the ruling dismissing the application for adjudication. Therefore, the reappeal is groundless.

Therefore, the original decision shall be revoked, and the appeal by the appellant shall be dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Il-young (Presiding Justice)